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81 Cards in this Set
- Front
- Back
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common law
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getting compensation from person you are suing, started in England and is foundations of english speaking countries
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equity = ?
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fairness
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what do you sue for if not for money?
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equity
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civil law
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doesnt look at the courts first, they draft a code to live by (France) but law has grey areas.
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what is the only US state that doesnt have common law?
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Lousiana
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When does Fed Govt have jurisdiction?
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when it is a violation of the constitution
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where does the state govt get its power?
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police powers for safety and well being of citizens, FDA, Dept. of Defense, Congress, etc.
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Explain Heart of Atlanta vs US case
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man wanted to segregate his hotel but the Fed Govt disguised it as the power to regulate commerce so people were allowed to stay at that hotel
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Plessy vs Ferguson
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legal to seperate blacks and whites as long as conditions were equal
"Seperate but Equal" |
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Bill of Rights
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First 10 amendments of the constitution and spell out individual rights against the govt
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1st amendment
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Free speech, extended to the states but you cannot defame someone
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commercial free speech (3 parts)
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1) govt interest
2) must advance govt interest 3) must go no further than neccessary |
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ethics
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whats right and wrong.
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what is the minimal ethics standard?
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the LAW
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where do people get ethical standards?
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bosses, parents, teachers, friends, TV, your environment, etc..
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conciliation court
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ppl represent themselves but have jurisdictional limit of $7500
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arbitration
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alternative way to settle disputes. You go through court proceedings but it is not a real court
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arbitrator
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independent 3rd party hired to run the court proceedings in arbitration and not employed by the govt
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TT = ?
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Plaintiff
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Triangle = ?
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Defendent
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litigation
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having the right to collect certain amounts and having the right to appeal once in court
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mediation
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not in court, no judge, having people settle their own dispute
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mediator
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person who oversees mediation to help both parties settle their ouw dispute out of court
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negotiations
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Just the 2 parties talking it out amongst themselves, no court or person making final decision
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What is the timeline of a court case?
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1) Accident occuring
2) Complaint 3)Answer 4)Discovery 5) Trial 6) Appeal?? |
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is an oral complaint valid?
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NO, must be written
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summon
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complaint doc personally delivered to defendent telling who is suing, for what, and the legal theory
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answer
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response to a summon by defendent
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subject matter jurisdiction
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jurisdiction based on the subject matter of the situation
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counterclaim
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lawsuit against plaintiff by defendent after recieving original complaint
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discovery
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actually finding out the facts for your case and putting together an argument.
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Are you able to acquire the other person's case as you are creating your own before actually attending court?
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Yes, it is part of discovery
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depositions
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oral discovery tool to ask questions with attorneys and court reporters present
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request for production of documents
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forcing the other person to reveal documents like medical records
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appeal
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having another trial when you think the judge made an error of the law
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exclusive federal jurisdiction
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cases involving federal crimes, fed anti - trust laws, bankruptcy, patents, etc
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federal diversity jurisdiction
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when defendant and plaintiff are from different states and the amount in controversy is OVER $75,000
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concurrent jurisdiction
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cases involving federal questions, and diversity of citizenship causes. basically its the grey area of the law when it could fall under either state or federal jurisdiction
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exclusive state jurisdiction
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cases of all maters not subject to federal jurisdiction
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In Rem jurisdiction
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jurisdiction over a "thing", not a person.
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Ex) if a contract was breached and a sailboat did not reach its destination that the seller had intended it to, you can only do the court case in Nebraska, T or F?
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F. You can either do the court case in NE or the defendant can ask fo have it moved elsewhere
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tort
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civil wrong that did not come from a contract and seeking compensation for a loss
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examples of torts
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injuries, breaching a duty, etc...
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punitive damages
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compensation merely just to punish someone for their civil wrong
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what is considered an assault in civil law?
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just creating the fear of harmful or offensive contact
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Are there intentional torts?
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Yes, assault, false imprisonment, emotional distress, wrongful interference, invasion of privacy, appropriation, fraud, defamation
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false imprisonment
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holding someone longer than a reasonable period if under suspicion Ex) holding a shoplifter too long in questioning can be false imprisonment
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INTENTIONAL TORTS:
PAID FAID |
privacy, assault, imprisonment, defamation, fraud, appropriation, interference, distress
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appropriation
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taking something that belongs to someone else
ex) the lady that sued the Sopranos |
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misrepresentation/fraud
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lying about a material fact
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defamation
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anything SPOKEN or PUBLISHED that inures someones character or good name. The slander has to be said to someone other than the suing party
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intangible property
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your image, good name, reputation etc...
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Pregnant Girl Scout Poster case
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the girl scouts of america sued for defamation of their good name
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equitable relief
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more than just money compensation to make up for the crime
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Little Big Funeral Home case
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mortician works for small funeral home, but goes into another contract with big funeral hime. (Intentional intereference)
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why did little funeral home write a letter to big funeral home showing the contract they already had with the mortician?
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because if the big funeral home would have continued with the morticians contract, they would be INTENTIONALLY INTERFERING
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what is not considered intentional interference?
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you can work for 2 different companies under 2 contracts, you just cannot provide the same services for the companies, they must be different
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Student Discount Gas Station case
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gas station decides to give discount to students and the other one decides to give a bigger discount with proof that they went to the other one the first time (intentional interference with a business relationship)
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Palsgraff Case
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guys with firecrackers on train and firecrackers accidentally go off and injures someone far away with a scale falling on a womans head
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actual causation (Palsgraff Case)
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the event ACTUALLY happened and it was someone's fault
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legal causation (Palsgraff case)
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approximate cause and duty is only owed to injuries which were reasonably foreseeable
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did the palsgraff case have legal or actual causation?
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legal causation
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causation in fact
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act or omission that withoutht the injury would not have occurred
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proximate cause
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exists when connection between the act and injury is enough to give someone liability
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negligence
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failing to exercise the standard of care a reasonable person would exute
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Duty of Care
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duty of all ppl to ask reasonably otherwise they have committed a tort
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what are a persons Duties of Care?
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1) be attentive
2) aware of environment 3)careful 4) concientious 5) even tempered 6) honest |
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mcdonalds coffee case
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old woman spilled hot coffee on herself and sued mcdonalds for no caution thing on their coffee cups
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strict liability
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person may be held liable no matter how careful and reasonable you try and act. Dangerous activity, dangerous animals, and defective products
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dangerous activity
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Strict liability that includes activites like demolition. they dont need to prove negligence, just that it happened
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dangerous animals
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strict liability that says you dont have to prove you were negligent to make the animal dangerous, just that it injured someone
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defective products
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products not meeting the standard they are held up to
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Uniform Commercial Code
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part of warranties and is a large set of laws that covers most of what happens in business
Article 2 = sale of goods Article 2A = lease of goods |
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good
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something that is tangible AND moveable (not a building)
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warranty of title
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seller warrants that they have to right the title and the right to pass over the title to the buyer
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expressed warranty
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written in the contract. a sellers oral or written promise of the true description of the quality and performance of the good being sold
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implied warranty
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law imposes a warranty by implications and circumstances, you dont have to agree to it, it is just implied by the law in the agreement
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merchantability
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implied warranty that arises in every sale of good sold by a merchant and that the good are being sold, reasonably fit the purpose for being sold, good packaging, and are good quality
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fitness of a particular purpose
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warranty implied on any seller who knows the buyer is relying on his expert skill and judgement to select suitable goods that fit a particular purpose for the buyer
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Mr. EverReady case (fitness of a particualy purpose)
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lady bought a bull to breed other cows from a seller who knew the bull couldnt breed. lady sued for fitness of particular purpose)
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must a injury be caused by a product for product liablilty?
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yes, it is necessary
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